The rules of the game
All eyes were on Portsmouth magistrates court last month in the latest episode in the battle over foreign satellite systems.
One of the 'Portsmouth Five' Karen Murphy, licensee of the Red, White & Blue in Southsea, Hampshire, was up in court after being found showing Premiership matches using Greek satellite operator Nova.
But this was a particularly interesting case in the whole saga. Mrs Murphy was appearing in court for a second time on the same charge. She had previously been acquitted on the basis that she was not knowingly acting "dishonestly".
Her plea was the same, but this time she was hit with a £3,000 fine and made to pay £5,000 in costs.
In his judgment District Judge Arnold pointed out that she had received a letter from her landlord Fuller's informing her the system was illegal.
The judge added: "I have further seen the advice given to her which she sought from solicitors [Molesworth Bright Clegg] who acted for her previously. Solicitors who I find she must have known were also acting for the suppliers of the equipment - those solicitors were not by any standards to be regarded, as Mrs Murphy claimed, 'impartial' providers of legal advice."
Despite this, Mrs Murphy has launched an appeal against the decision.
The FA Premier League (FAPL) regards this is as the final nail in the coffin for the whole debate over the legality of the systems. "We hope it lays to rest once and for all the so-called debate over the illegal use of foreign satellite systems," said Dan Johnson, the FAPL's chief spokesman.
The FAPL's position was helped last year when a number of satellite channels, including Arabic channel ART, issued letters confirming it was illegal to use their systems to show Premiership football in the UK.
Suppliers not licensees
However, some have suggested that the authorities are persecuting licensees, when it should be the suppliers the FAPL goes after.
The FAPL has reacted to this and in the last two months it has issued High Court writs against two suppliers, namely QC Leisure and AV Station plc.
Mr Johnson added: "It's not a case of an either/or strategy. We are just going after people that have broken the law, whether it is licensees or suppliers. But there is a continuing push to take suppliers out of the equation."
Despite this there are pockets of the country where pubs are still using these systems.
The Publican has heard anecdotal evidence that a significant number of licensees are using decoder cards for foreign stations to broadcast matches. Clearly some regard it as a risk worth taking in order to pull in the punters.
But for other licensees it is a bitter pill to swallow when they know that the pub down the road is showing matches at a fraction of the price.
Every year when Sky announces its annual hike in fees for a subscription there is never a shortage of disgruntled licensees.
One licensee The Publican spoke to, who wished to remain anonymous, revealed his frustration at the situation. He said: "I have no sympathy for people who get caught using these systems. But I wish there was some competition for Sky. It would make it a lot better for everyone."
One supplier of this equipment, Joe Ibrahim, manager of Lancashire-based Digital Sales, remains defiant. "We are carrying on as per normal," he said.
But Ray Hoskin, managing director of Media Protection Services, which carries out investigations on behalf of the Premier League and Sky, feels that the message is now getting through to licensees.
Commenting on the latest ruling, he said: "We hope the trade will get the message now this has come from the horse's mouth. It confirms what every court has said - that there's no EU law that interferes with the Copyright Act.
"People have the right to import the cards, but it is an offence to broadcast Premiership matches using them. It is clear that the majority of the trade respects the law and the message about these systems has well and truly got through."
Clearly it is still an issue for many in the trade. Marginal pub businesses that face fierce competition will always be tempted by ways to save money. But as has been suggested, this latest ruling may finally convince licensees it is not worth the risk.
What advice are pubcos giving to their licensees?
Simon Emeny, managing director, Fuller's Inns, said: "We have written to all our lessees informing them that, in our opinion, these systems are illegal and we hope that some of the cases involving the FA and the owners/manufacturers of the foreign systems will result in a definitive ruling on this issue. I think what we really need here is absolute clarity."
A spokesperson for Punch Taverns said: "Our stance has always been to strongly encourage any retailer who wants to show premier sports that they should have a formal commercial agreement with Sky."
Paul Howarth, retail director, Daniel Thwaites, said: "We are advising our tenants not to do it because of the whole complexity and doubt surrounding the issue."
Terry Wheatley, director of Heavitree Brewery, said: "We believe these systems to be illegal and we have issued warnings to all our tenants and licensees to be aware of the risks and consequences they face if caught using them."
What law does the FAPL use to prosecute licensees and what is the punishment?
Section 297 (1) of the Copyright Designs and Patent Act 1988 is the law used to prosecute licensees that are screening Barclays Premiership matches without a commercial Sky agreement. You can lose your personal licence as a result of a criminal conviction, there is also a maximum fine of £5,000 and you may be liable for the costs of the prosecution.
The Publican says:
"This latest ruling shows that you can be seriously hurt if found screening Premiership football using illegal foreign satellite equipment. Licensee Karen Murphy is facing a pay-out of £8,000, pending an appeal, for transmitting these matches without a commercial subscription with Sky.
"Clearly you put yourself and your business at risk of being taken to court. Each case is heard on its merits, but you will face prosecution.
"It also proves that a plea of ignorance is no longer a viable option."
